Division of inheritance among a wife and four daughters

8-3-2014 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 4 (A wife) Number 1

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the deceased has no other eligible heirs except those mentioned in the question, then his wife is entitled to one-eighth of the estate as a fixed share because of the existence of the children of the deceased. Allaah, The Exalted, says (what means): {…But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt…} [Quran 4:12]

The four daughters get two-thirds of the estate as a fixed share. Allaah, The Exalted, says about the share of the daughters (what means): {…But if there are [only] daughters, two or more, for them is two thirds of one's estate…} [Quran 4:11]

The remainder of the estate is also divided among the daughters (i.e. it is returned to them in proportion to their original shares). Allaah, The Exalted, says (what means): {…But those of [blood] relationship are more entitled [to inheritance] in the decree of Allaah. Indeed, Allaah is Knowing of all things.} [Quran 8:75] Moreover, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “If someone dies leaving some property, then the property goes to his heirs...” [Al-Bukhari and Muslim]

Thus, the estate should be divided into thirty-two shares; the wife gets one-eighth of them (i.e. four shares) and the daughters get the rest (i.e. twenty-eight shares) as their fixed shares in addition to what is given back to them as there is no other heir who is eligible to inherit it; so each gets seven shares.

Allaah Knows best.

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